Dozens of new California laws go into effect in 2020

New laws will be going into effect in California in the new year, putting into place California legislature action during 2019. There are many changes including road safety and distracted driving penalties, roadkill rules, minimum wage, independent workers and rent caps.

Except where noted, these laws are effective January 1, 2020:

Traffic Safety

The California Highway Patrol (CHP) is highlighting several new laws passed this year:

License points for distracted driving (AB 47): Current law prohibits a person from driving a motor vehicle while using a wireless telephone in a handheld manner; if found in violation, the offense is punishable by a fine. However, beginning July 1, 2021, this new law will levy an additional penalty on a driver found in violation of California’s hands-free law: a point will be added on to a driver’s record for each hands-free violation occurring within 36 months of a prior conviction for the same offense.

Peace officer use of deadly force (AB 392): Beginning January 1, 2020, this new law revises the standards for use of deadly force by peace officers. The use of deadly force by a peace officer is justifiable when the officer reasonably believes it is necessary. Section 835a of the Penal Code amends the reasonable force standard to “objectively reasonable force.”

Law enforcement: use of deadly force, training/policies (SB 230): With the enactment of AB 392, this new law requires law enforcement agencies to rewrite use of force policy and provide mandatory training to all peace officers in order to comply with the new law.

Traffic control devices: bicycles (AB 1266): This new law allows bicycles to travel straight through a right or left-hand turn-only lane while at an intersection, if an official traffic control device indicates the movement is permitted. The Department of Transportation would be required to develop standards to implement the provisions.

Transportation: omnibus bill (AB 1810, Committee on Transportation): Amends Section 34621 of the California Vehicle Code (CVC) allowing motor carriers of property to continue operating for 30 days past their permit expiration date, under specified circumstances. This legislation also provided for an amendment to Section 23229 CVC. California law will now prohibit the consumption of cannabis, in any manner, by passengers in a bus, taxicab, pedicab, limousine, housecars, or camper. This exemption is now only applicable to alcoholic beverages consumed by passengers in these types of vehicles.

Wildlife salvage permits (SB 395, Archuleta): Directs the Department of Fish and Wildlife to conduct a wildlife-collision data collection pilot program to support wildlife conservation efforts. Additionally, this bill would authorize the Fish and Game Commission, in consultation with the CHP and other stakeholders, to establish a wildlife salvage pilot program authorizing the issuance of a permit for the removal and recovery of deer, elk, pronghorn antelope, and wild pigs killed because of a collision with a vehicle, if the wild game meat is used for human consumption.

Employment

Minimum wage increase (SB 3): The law raises the state minimum wage to $13 an hour for workplaces with 26 or more employees and to $12 for workplaces with fewer than 26 employees. The law outlines incremental minimum wage increases through 2023 when it will reach $15 an hour for all workplaces.

Gig worker/ Independent Worker law (AB 5): The landmark labor law reclassifies some independent contractors as employees. It aims to provide new protections for so-called gig economy workers such as minimum wage, paid sick days and health insurance benefits. Organizations representing freelance journalists have already sued over the law and Uber has said it will not adhere to the changes.

Employment discrimination (AB 9): The law allows employees up to three years to file complaints of discrimination, harassment or retaliation with the Department of Fair Employment and Housing. Previously, employees had only had one year to file a complaint.

Extending paid leave (SB 83): The law increases paid leave from six to eight weeks for people taking care of a seriously ill family member or to bond with a new child. It takes effect July 1, 2020.

Environment

Banning smoking at state beaches (SB 8): The law bans smoking at all state beaches and parks, with a fine of $25 per violator. It also makes it illegal to toss a cigarette or cigar onto a state beach.

Justice

Juvenile hall age (SB 439): The law changes the age minors can be to 12 in order for them to be sent to juvenile hall. A child under 12 would be released to their parent or legal guardian. The law does not apply to minors who commit murder, rape or great bodily harm.

Gun violence restraining orders (AB 12): The law expands who can petition a judge to confiscate someone’s weapons if they believe that person may be violent. Existing law allows police, immediate family members and roommates to request a restraining order. The updated law allows employers, coworkers and teachers to be able to do so. The law goes into effect on Sept. 1, 2020.

Domestic violence statute of limitations (SB 273): The law extends the statute of limitations to report domestic violence to law enforcement from one year to five years. The change would apply to domestic violence that happens on or after Jan. 1, 2020. It also applies to crimes for which the statute of limitations was in effect before Jan. 1, 2020, and had not run out. The law also requires more training for law enforcement on de-escalation techniques and interviewing victims in a different place from the suspect.

Human trafficking (SB 97)): Operators of motels and hotels in California must provide training to teach its staff how to identify victims of human trafficking.

Housing

Rent Cap (AB 1482): The law caps rent increases at 5 percent each year plus inflation for the next decade. The cap does not apply to property built within the last 15 years. It also requires landlords to provide just cause for evictions. A separate bill prohibits landlords from discriminating against tenants who use housing vouchers, also referred to as “Section 8,” to pay their rent.

Wildfire

Public safety power shutoffs (SB 167): Requires utilities like PG&E to devise plans on reducing the negative impact of planned power shutoffs to first responders and people with disabilities.

Tree trimming (AB 247): Gives the California Public Utilities Commission more oversight over tree trimming efforts by utilities. Power companies would have to submit timely reports on their brush and tree trimming work.

Wildfire warning center (SB 209): Establishes a wildfire warning center to broaden the state's ability to predict and prepare for wildfire. The center would rely on a statewide network of automated weather stations and fire detection cameras.

Other

Domestic partners (SB 30): What's good for same-sex couples is good for heterosexual couples. This law allows heterosexual couples to register as domestic partners instead of getting married. Currently, only heterosexual couples age 62 or older were allowed to register as domestic partners because of social security benefits. The new law could help couples with combined higher incomes avoid the federal marriage tax penalty.

School suspensions (SB 419): Students in elementary school can't be so easily suspended for causing trouble at school. The law bans schools from suspending students in grades 4-8 for disrupting school activities or defying teachers and administrators. Students in grades K-3 already have this protection. High school students must wait until 2025 for the same benefit.

Vaccine exemptions (SB 276): This bill empowers the California Department of Public Health to create a medical exemption form that doctors will be required to use and which would be cataloged in a state database. Doctors who, starting in 2020, issue five or more exemptions will be subjected to state review. The new law is intended to prevent physicians from selling medical exemptions to anti-vaccine parents of K-12 children